Notice of Declaration of Security Controlled Airport and Airside Area - Canberra Airport

Overview

The Aviation Transport Security Act 2004 was enacted by the Australian Parliament to address the need for stringent security measures at airports to protect against acts of unlawful interference. This legislation aims to ensure the security of civil aviation and to provide for the safety of passengers, crew, and aircraft, both on the ground and in the air. It establishes a framework for the implementation of aviation security measures, including the declaration of security controlled airports and the establishment of airside areas where heightened security measures apply. The Act empowers the Minister for Infrastructure and Transport to designate airports as security controlled airports and to establish airside areas, ensuring that these locations are subject to specific security protocols and regulations designed to mitigate potential threats. The policy objective of the Act is to enhance the security of Australia's aviation infrastructure, thereby contributing to the overall safety and security of the nation. On 16 September 2016, Peter White, as the Delegate of the Secretary of the Department of Infrastructure and Regional Development, issued a notice revoking the previous declaration of Canberra Airport as a security controlled airport. This revocation was published in the Gazette (C2013G01344, 9 September 2013) and was followed by a new declaration under subsection 28(2) of the Act. This action reaffirmed Canberra Airport as a security controlled airport and established an airside area within its boundaries, as indicated on the attached map. The notice took effect upon its publication in the Gazette and remained in force until otherwise revoked and published in the Gazette. This legislative action underscores the ongoing commitment to maintaining stringent security measures at critical aviation infrastructure points to safeguard against potential security threats.

Scope and Application

The Aviation Transport Security Act 2004 applies to all aspects of aviation security within Australia, governing the establishment and management of security controlled airports and airside areas. It encompasses the regulation of entities such as airlines, airport operators, and other relevant stakeholders to ensure the safety and security of the national airspace and its passengers. The Act applies to conduct and transactions occurring within the designated security controlled airports and airside areas, which include the physical areas of airports where aviation security measures are implemented. The geographic reach of the Act is national, as it applies across all states and territories of Australia, ensuring a unified approach to aviation security. The Act’s application extends to both Commonwealth and non-Commonwealth airports, provided they are designated as security controlled airports under the Act. Exclusions or exemptions are limited and typically specified through subordinate instruments, which may delineate certain operational or procedural exceptions based on detailed criteria. This legislative framework is enforced through the issuance of notices, as exemplified by the revocation and re-declaration of Canberra Airport as a security controlled airport, which ensures compliance with the Act’s provisions.

Key Provisions

The main operative sections of this Notice, issued under the Aviation Transport Security Act 2004, include the revocation of a previous notice (subsection 28(2)) and the declaration of Canberra Airport as a security controlled airport, along with the establishment of an airside area (section 29). The revocation of Notice A5366, previously published on 9 September 2013, signifies that the former declaration of Canberra Airport as a security controlled airport is no longer in effect. The new declaration under subsection 28(2) explicitly identifies Canberra Airport as a security controlled airport, with the geographical boundaries of this area clearly delineated on the attached map. Furthermore, section 29 of the Act is invoked to establish an airside area for Canberra Airport, as indicated on the accompanying map. This Notice, which is published in the Gazette, comes into effect upon its publication. The Act imposes several obligations on the parties and entities it governs, particularly concerning the security and safety of aviation transport. The declaration of Canberra Airport as a security controlled airport mandates that stringent security measures are implemented and maintained to protect against acts of unlawful interference with civil aviation. Additionally, the establishment of an airside area under section 29 requires that all relevant security protocols and procedures are strictly adhered to within this designated area. The Office of Transport Security, under the authority of the Secretary of the Department of Infrastructure and Regional Development, is responsible for ensuring that these obligations are met. The Notice also details that these provisions remain in force until they are formally revoked and published in the Gazette. Failure to comply with the provisions of the Aviation Transport Security Act 2004 may result in various offences, penalties, and consequences. While specific offences and penalties are not detailed in this Notice, the overarching Act provides a framework under which non-compliance could lead to criminal charges, fines, and imprisonment. The severity of the penalties may depend on the nature and extent of the breach, as well as any associated harm or risk to aviation security. The Notice, however, clearly states that it will remain in effect until it is revoked in writing and published in the Gazette, underscoring the importance of adhering to the declared security measures.